HomeMy WebLinkAbout1984 09-11 CC MINBook 65/Page 7
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
SEPTEMBER 11, 1984
The regular meeting of the City Council of the City of National City was called to
order at 7:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None. Administrative officials present: Bolint, Campbell, McCabe, Post, Stafford,
Interim City Attorney Tobin.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation.
APPROVAL OF MINUTES
Moved by Cooper, seconded by Van Deventer, the minutes of the regular meeting of
September 4, 1984 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
The Mayor's Proclamation of September 11 as "THELMA HOLLINGSWORTH DAY"
was read in full. Moved by Van Deventer, seconded by Dalla, in favor of this
Proclamation. Carried by unanimous vote. Mayor Morgan presented the
Proclamation to Sheryl Hulsey, and said he would like the Library Board to consider
renaming the historical wing the Thelma Hollingsworth Room.
MAYOR'S APPOINTMENTS
The Mayor's recommended appointment of George Hood to the Traffic Safety
Committee was presented. Moved by VanDeventer, seconded by Dalla, this be held
over for an interview at the same time the candidates for the Civil Service
Commission, the Committee for Housing and Community Development and the
Traffic Safety Committee are interviewed (October 30) as we have in the past.
Discussion re holding the interviews on fifth Tuesdays. Vice Mayor Waters
introduced Mr. Hood who was present in the audience, saying he is an outstanding
person and he hopes Council will consider his application. Councilman VanDeventer
said there are other people who would like to be interviewed for some of these
positions and it would be easier to interview all of them in one night. Further
discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla,
VanDeventer, Waters. Nays: Morgan.
PUBLIC ORAL COMMUNICATIONS
THE REV. DAVID JONES, Pastor, Gospel Light Bible Church, was present re a
Conditional Use Permit to allow the church to operate a school; the Planning
Commission approved the CUP, but had not adopted their Resolution of approval
and appeal of their approval was filed, the hearing to be on October 9; they had
planned to open the school on September 10; 27 students were registered and
thousands of dollars have been spent; the property owner who appealed the CUP
said the students will cause excessive traffic, noise and lower her property value;
he went to see her personally and asked her if they could work something out; they
offered to buy her property, but she does not want to sell; he was told by an
employee of the Planning Dept. to submit a Letter of Determination. Rev. Jones
displayed photographs of the area. Further discussion. Planning Director Post said
the church does have a CUP for a church; they came in several months ago and
asked to have a school in conjunction with the church; the Planning Commission
determined that would require a separate CUP; they applied for the CUP, a public
hearing was held before the Planning Com mission and the permit was approved; the
Resolution of approval is going before the Planning Commission next Monday night;
it would come before Council the following week as a Notice of Decision; an
appeal was received from one of the adjacent property owners; this case has not
yet run its course. Discussion re a temporary CUP pending the public hearing.
Interim City Attorney Tobin said there is no CUP for the school, and if they go
ahead and convene the school, it would be without the required CUP; the next
question is whether we would enforce or go out and tell them to cease and desist.
Further discussion. The Rev. Jones said he was told he had to meet all the
conditions, but was not aware there was a problem; this is not the fault of the
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Planning Dept. Further discussion. Interim City Attorney Tobin said if Council is
persuaded by the equities of the argument, Council can instruct to enforce or not
enforce; if they choose not to enforce, it would have to be with the clear
understanding that in the event they don't get their C UP, it would be at their risk.
Moved by VanDeventer, seconded by Morgan, the temporary CUP be granted with
the condition that he sign an agreement stating he understands that he is at risk
and if he does not get the CUP, he shall send the children to another school.
Discussion. Carried by unanimous vote.
ALFRED HLAWATSCH, 905 E. 13th St., was present and thanked Council for the
decision on the school; there was no Planning Commission meeting the first of this
month and that slowed this project down; it was a Catch 22 situation.
ELIAS RODRIGUEZ, 1440 'I' Ave., was present and spoke re the red curb at 13th &
11' Ave. adopted last week, saying the request was made on a personal basis; it was
not made for the good of the community; if there was a problem with a boat in
that area, the owner could be asked to remove it or put it in storage instead of
red —curbing and taking away parking from the other residents. Discussion.
Councilman Cooper said he agrees with Mr. Rodriguez; the Police Dept. are not
doing their job; there is a boat parked on the street; our Ordinance says any
vehicle must be moved after 72 hours. Moved by Cooper, seconded by Dalla, the
Resolution ordering the red curb be rescinded and the Police check with those
people and have the boat removed. Discussion. Moved by Morgan, seconded by
Waters, this be tabled for one week. Discussion. Carried, by the following vote,
to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper.
PUBLIC HEARINGS
The CONTINUED PUBLIC HEARING on the matter of an OUT —PATIENT MENTAL
HEALTH COUNSELING CENTER at 12th and 'D' (This has been continued from
time to time; originally, San Ysidro Health Center had both CUP and Variance
pending; San Ysidro Health Center no longer desires to have their mental health
clinic at;l2th & 'D'; they do want to have a medical office building, including X—
ray, dispensary, etc.; the hearings on CUP-1983-1 and Z-3-83 were continued to
September 11, 1984; at this time, the hearing on CUP-1983-1 may be closed and
the hearing on Z-3-83 continued to September 25; the date has been cleared with
their attorney) was held at this time. Moved by Dalla, seconded by Cooper, the
public hearing on CUP-1983-1 be closed and the public hearing on Z-3-83 be
continued to September 25. Discussion. Carried by unanimous vote.
The PUBLIC HEARING on APPEAL of PLANNED DEVELOPMENT PERMIT for
DEVELOPMENT of a COMMERCIAL SHOPPING CENTER on a 10—acre site with a
total building floor area of 126,697 sq. ft. on property located on the South side of
Plaza Blvd., between 'N' and Palm Avenues, immediately East of 'L' Ave. extension,
PD-4-84, Applicant: Meyer C. Weiner Company (...involves the proposed
development of the Bay Plaza Shopping Center [phase III of South Bay Plaza
Shopping Center ] and will consist of 2 major tenant retail stores, one containing
40,000 sq. ft. and the other 21,000 sq. ft.; the Plaza Terrace, a food park with
boutiques and sit—down type restaurants containing 21,697 sq. ft.; 6 permanent
kiosks for the sale of food items and miscellaneous merchandise; and a 1,500 sq. ft.
building pad for a future building; see Document No. 70992) was held at this time.
The City Clerk reported the Certificate of Publication and Affidavit of Mailing
were on file and read into the record the protest of Flora F. & John R. Knight,
1441 'L' Ave. to: 1. The construction of a building over a sewer line that serves
the property to the South; 2. Construction of a building over a storm drain that
draws water from 18th Street North down 'M' Avenue; 3. Not requiring the
standard requirements of street improvements of 'M' Avenue at 14th Street; 4. Not
requiring dedication and improvement of 14th Street from 'M' Avenue to 'N' Avenue
(This street was vacated 1/5/1965 to build a trailer park over the written protest
of 22 property owners. The park was never built but the street was closed.) and;
5. ...The burden of traffic over 'L' Avenue where it narrows to only 22 feet. No
sidewalks, cars, large trucks, adults and children going both directions all over this
22 foot strip. If 'M' Avenue was opened from 14th to 16th and 14th was improved
to 'N' Avenue people would not have to walk up the hill on 'L' Avenue, the trucks
could have a wider street and much of the traffic would be taken from Highland
Avenue, Plaza and Palm... Councilman Cooper said he would abstain on this
because he owns adjoining property. Planning Director Post said the applicant is
appealing Condition 8 (improvement of 'M' & 14th Street), but this does not limit
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what Council can consider; the Public Hearing was noticed in such a way that all
considerations can be brought up by Council; staff is recom mending a new condition
(Condition 16) based on new information pertaining to irrigation work required on a
previous parcel map that has not yet been completed on this property; the Planning
Commission and staff recommend approval with the addition of Condition 16.
EDWARD ORMAN (project architect), 3633 Camino del Rio South, San Diego, was
present and said the site plan described in the staff report is not entirely accurate;
the square footage is incorrect and it does not accurately reflect the plan given to
the City for consideration; the square footage is a maximum of 126,000 sq. ft.;
regarding the proposed widening of 14th & 'M', they presented their thoughts to the
Planning Commission and the Planning Commission determined it should go to
Council; City Engineer Stafford, in a memo to the Planning Director said the
improvement is required by the Municipal Code and was a condition of an earlier
parcel map; these statements are, correct; the condition stated that prior to
issuance of a building permit for construction on this property, the dedications and
improvements of adjacent streets were to be made; the developer did not intend to
develop the property at the time the condition was placed on it; Council has the
right to grant exemptions and there are certain reasons why an exemption should
be considered in this case; the wider link to 16th via 14th to 'M' Ave. and then
South to 16th would increase the traffic at 14th & 'M' Ave. which is not in the
best interests of the neighborhood; only minimum local street needs are required on
these streets according to a report prepared by Federhart Assoc.; this report was
required by the Environmental Review Committee in the early stages of this
project; car counts have been made which indicate that the traffic at that point is
almost non—existent; it's Mr. Federhart's opinion that when 'M' Ave. goes through to
16th, access to the property will come from 16th and not from 14th & 'M'; if 14th
is to be widened at this point, it will have an impact on the site plan for this
project that will preclude them from creating the on —site service drive behind the
major tenant building at the west end of the project, and they will be looking for
service vehicle access off of 14th & 'M'; that is not really in the best interests of
the neighborhood; at this point, the plan for the project anticipates no access from
14th or 'M' Ave. other than a secured gate which can be opened only by emergency
personnel (Fire & Police); on March 14, he and Mr. VanDerSlick attended a meeting
with Mr. Post and former City Engineer Benzing and Mr. Benzing indicated he
would be required by the Municipal Code to recommend this widening, but he did
not really feel it was necessary; they do not feel the street is necessary; he does
not feel the street is necessary; they will be able to provide a street with a right—
of—way sufficient for one lane in each direction which is all that is really indicated
or warranted, and to require the widening would cause a hardship on the property.
Mr. Orman said he is in agreement with the new condition; there is an easement
that has to be granted to the Sweetwater Authority at the SE corner of the
project property to accommodate irrigation of the existing slope bank on the East
side of the property; the easement document has been executed and will be
recorded within the next two days. Mr. Orman continued that Mr. Stafford
expressed concern over building over the sewer and storm drain easement; on
November 30 Mr. VanDerSlick met with the City Manager, Mayor Morgan and Mr.
Post and was assured that the construction over the existing sewer easement would
not be a problem and it was discussed at that time that there would be a storm
drain added in a common easement; Mr. Benzing also indicated that would not be a
problem; after the meeting with Mr. Benzing they went ahead with serious site
planning and working drawings; there are precedents for construcing over such an
easement (2 of them in South Bay Plaza, there is a storm drain under San Diego
Federal on Highland, and also on the Fedco property); this project started over 9
months ago and they were assured at that time that this would be the City's policy
in relation to this item; to change that policy at this time would be extremely
damaging and would cause the site plan to have to be redesigned and would be
very costly. Mayor Morgan said the drains were built to accommodate any
structure and he does not see anything wrong with it. Discussion. Mr. Orman
displayed a rendering of the project. JOHN KNIGHT, 1441 'L' Ave., was present
and said he is opposed to building over the sewer line and the drain; since the new
stores have opened, the truck traffic is tremendous on 'L' Ave.; he would like to
see the City restrict commercial traffic in the residential areas. City Engineer
Stafford said he is working on a study of this problem, and it will be on the
Traffic Safety Com mittee agenda tomorrow. Mr. Knight continued, there is a lot
of traffic down 'L' Ave.; there should be more southern entries into South Bay
Plaza; they have offered to pay their share if the City improves 'M' Ave. in a 1911
Act. Mr. Knight gave the City Clerk additional copies of the protest with
additional signatures. Mr. Knight continued, as far as the paving of 14th St.
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between 'M' and 'N', that street was originally dedicated to the City and was given
back to the Plaza when they were talking about the trailer park in 1963; the
school district has big semis coming down 14th from 'N' and they back into their
warehouse; they need room to turn them and if that half of 14th St. is closed off,
they'll have a problem getting the semis in there; when he built his houses on 'L'
Ave., he conformed to the City Codes as far as setbacks; the same law should
apply to everybody. JOHN BROOKS, 1411 'L' Ave., was present and said the
pedestrian traffic on 'L' Ave. is bad; the com mercial traffic is also bad; 'L' Ave. is
a steep incline and the trucks make a lot of noise going up the hill; 'M' Ave. is
not as steep an incline; he wants the complex to be built; it will benefit the
community. Mayor Morgan said he would like to keep the trucks off the
residential streets all over the City. LAUREN VANDERSLICK (Meyer C. Weiner
Co.), 1450 Frazee Rd., San Diego, was present and said they are handling all of
their service traffic from Plaza Blvd.; they will not be using 'L' Ave.; they will be
providing pedestrian sidewalks as required by their Planned Development Permit
Overlay; they will also provide landscape drawings for the City's review. Further
discussion. Councilman Dalla inquired if Meyer C. Weiner Co. had any control over
the tenants and their deliveries. Mr. VanDerSlick replied they would through their
lease agreements. Discussion re a possible 1911 act on 'M' Ave., the traffic on
Plaza, and a traffic signal at Plaza and 'L'. Councilman VanDeventer said this
project will generate a high traffic operation at that location and he would ask for
another condition that Meyer C. Weiner Co. supply a traffic signal at that point.
Mr. VanDerSlick said they would be willing and agreeable to that traffic signal
according to their proportionate benefits from the traffic signal. Further
discussion. Councilman Van Deventer inquired what the maximum width is that we
could get on 14th St. City Engineer Stafford replied what they have shown is a
travel way of 24'; they want to have 37' which is 23' less than what he considers
should be required. Further discussion. Mr. VanDerSlick said the 3' that would be
added onto the north strip of 14th St. would make a generous two—lane road.
Further discussion. Councilman Van Deventer said the two corners that are fully
developed should not have any responsibility for the traffic signal; this project
should be responsible for 60-75% of the cost, with the rest of the cost picked up
when the new bank goes in on the corner. Further discussion. Mr. VanDerSlick
said he would have no problem signing an agreement that if there was any type of
sewer problem, they would take the full responsibility for repairs, the agreement to
go along with the deed. Further discussion. No one else was present to speak in
this regard. Moved by VanDeventer, seconded by Waters, the Public Hearing be
closed, the Planning Commission's conditions be affirmed with the exception of
Condition 8, the developer's modification of Condition 8 be approved providing he
signed a Covenant not to protest a 1911 Act Improvement, Condition 16 (landscape
and irrigation of the east slope) be added, a traffic signal be installed at Plaza &
'L' prior to the opening of the center with the developer to pay 60-75% of the
cost, and the landowner's responsibility for construction over sewer and drain lines
be recorded. Carried by the following vote, to —wit: Ayes: Dalla, Van Deventer,
Waters, Morgan. Nays: None. Abstaining: Cooper. City Engineer Stafford asked
if that meant dedication and improvement of 14th Street. Councilman Van Deventer
said not as staff recommends but as proposed by the developer-37 feet.
Mayor Morgan called a recess at 8:33 p.m.
Council reconvened at 8:37 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent:
None.
The PUBLIC HEARING on APPEAL of PLANNING COM MISSION APPROVAL of
APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE OF
ALCOHOLIC BEVERAGES as an ACCESSORY USE (Type 41, on —sale beer and wine)
in conjunction with a bona fide public eating place at 1132 E. Plaza Blvd., Suites
205 and 206, Applicant: Mario L. Woo, CUP-1984-11 (...involves only the sale of
alcoholic beverages as an incidental use in conjunction with a bona fide public
eating place; applicant is in the process of establishing a restaurant within the
recently constructed portion of the South Bay Plaza Shopping Center, west of Sav—
On Drugs; this restaurant will provide seating for 49 and full meal facilities; within
a radius of 1,000' of the subject premises, there are 2 Type 21, off —sale general
liquor licenses, 3 Type 41, on —sale beer and wine liquor licenses, and 2 Type 47,
on —sale general liquor licenses; Planning Commission approval of this application was
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subject to the following 4 conditions: 1. Alcoholic beverage sales shall be
incidental to food service; 2. There shall be no bar or counter over which the on —
sale alcoholic beverages shall be served to the public; 3. All live entertainment
and dancing shall be prohibited; 4. There shall be no sale of alcoholic beverages
after midnight; staff concurs with the Planning Commission's approval) was held at
this time. The City Clerk reported the Certificate of Publication and Affidavit of
Mailing were on file. Planning Director Post said the Planning Commission and
staff recom mend approval. No one was present to speak in this regard. Moved by
Waters, seconded by Cooper, the Public Hearing be closed, the application be
approved and all stipulations of staff be adhered to. Carried, by the following
vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None.
Abstaining: Morgan.
The PUBLIC HEARING on APPEAL of PLANNING COM MISSION DENIAL of
APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE OF
ALCOHOLIC BEVERAGES as an INCIDENTAL USE (Type 20, off —sale beer and wine
license), in conjunction with a proposed convenience store with deli at 3035 E. 8th
St., CUP 1984-16, Applicant: Mike Tajran (...involves the proposed sale of alcoholic
beverages as an incidental use for consumption off the premises, in conjunction
with a proposed convenience store with a deli counter; this convenience store will
be part of a proposed small shopping complex to be developed at the NW corner of
8th St. and Harbison Ave.; project site is presently vacant and unimproved; the
proposed convenience store will contain a total floor area of 2,800 sq. ft.;
remaining building area is proposed for a retail store having 458 sq. ft., and a
Laundromat containing 1,080 sq. ft.; total floor area of this complex will be 4,338
sq. ft.; the Planning Commission, in considering this application, voiced concern
relative to the proximity of single family dwellings and Ira Harbison Elementary
School; the character of •the neighborhood to the north, northeast and west is
predominately detached single—family residential; Ira Harbison Elementary School is
located less than 600' to the East on 8th St.; staff concurs with the Planning
Commission's denial) was held at this time. The City Clerk reported the
Certificate of Publication and Affidavit of Mailing were on file, and a protest was
received from Gilbert E. Fritz and Henrietta E. Fritz, 4954 Collingwood Dr., San
Diego, stating that in their opinion it would not be in the best interests of the
neighborhood. Planning Director Post said the Planning Commission expressed
concern about the number of single—family dwellings in the neighborhood, and the
school in the area; staff concurs with the Planning Commission's denial. The
following were present and protested: DOUG BURRELL, 712 1/2 Pleasant Lane
(submitted Dept. ABC Protest forms to the City Clerk, the City Clerk to take
pictures of same and return the originals); GENEVIEVE POW ELL, 3207 E. 8th St.;
IVAN TAVES, 2611 Hill Dr.; MRS. INGALLS, 2905 E. 10th St.; TOM BRENNAN, 712
Pleasant Lane; LEAH WILLIAMS, 3040 E. 7th St.; ROGER PULIDO, 711 Pleasant
Lane. RAYMOND CLAPPER, 715 Harbison, was present and said he has lived
there for 40 years; there was a gas station at that location for 30 years and he
sees no objection to a business going in there. RICHARD WILDMAN (Attorney for
Mr. Tajran), 600 'B' St., San Diego, was present and displayed a rendering of the
proposed building, saying they presented 25 letters of approval from residents living
within 300' of the Tajran property; some of the people who spoke tonight are not
within that radius; Mr. Tajran is from Iraq and is a citizen of the United States;
he wants to establish this as a business in order to help his family; his
understanding is that there was no evidence presented, per the Resolution, that the
proposed use will have an adverse effect on adjacent and abutting properties; Mr.
Tajran did not present any such evidence; there are a number of people who not
only say it would not have an adverse effect, but it would be beneficial to them;
Mr. Tajran has talked to all of his neighbors and listened to them; he has listened
to the Police Chief's recommendation; he has agreed to all the recommendations;
this business would be helpful to many of the people who live nearby; it would be
a small grocery/convenience store with liquor being sold; Mr. Tajran is going to
work to make sure this is not a hot bed for crime or litter; a CUP can be revoked
in the future if conditions are not met. Vice Mayor Waters inquired if Mr. Tajran
could survive without a liquor license for this project. Mr. Wildman replied he
does not believe he can. MIKE TAJ RAN, 3283 Lahitte Ct., San Diego, was present
and said he has signed off all the conditions stated by the Police Chief; he has
talked to the people in the area and everyone has a different opinion of the
project; people don't have to buy liquor; the school is not within 300' and there is
no church or hospital within 300'; he told the people who protested he was willing
to negotiate hours of operation with them; Mrs. Williams, whose property abuts his,
said her only complaint was the noise; this is a com mercial zone; there will be
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noise no matter what goes in there; he will be running the store himself and the
hours of operation would be 6:00 a.m. until 10:00 p.m.; he can open the store later
than 6:00 a.m. if necessary. DOUG BURRELL returned to the podium said Mr.
Tajran never asked for his opinion; if denial of the license would hurt the business,
it sounds like his sales would be primarily liquor. Further discussion. Councilman
Van Deventer said that is a commercially zoned corner and will be developed
commercially, but he doesn't think it's the right place for another liquor store.
Moved by VanDeventer, seconded by Waters, the Public Hearing be closed and this
CUP be denied. Discussion. Carried by unanimous vote.
The PUBLIC HEARING on APPEAL of PLANNING COMMISSION DENIAL of ZONE
VARIANCE to ALLOW a STORAGE SHED (accessory structure) to be located within
the 4' side yard setback required for detached accessory structures at 1807 'O'
Ave., Z-7-84, Applicant: Maria Barra (...involves a wood frame and wood sided
storage shed containing 173 sq. ft. located im mediately adjacent to the property
line within the 4' interior side yard setback required for detached accessory
structures; this structure is existing and was erected without benefit of a building
permit; the Planning Commission's denial of this application was based on their
inability to make a finding that special circumstances exist that justify the granting
of a zone variance in accordance with Sec. 65906, Government Code; if, after
hearing, Council can make the required findings [ i.e. because of special
circumstances applicable to the property, including size, shape, topography, location
or surroundings, the strict application of the zoning regulations deprives this
property of privileges enjoyed by other property in the vicinity and under identical
zoning classification ] and takes action to approve this zone variance, staff suggests
the following conditions of approval: 1. No plumbing or fixtures shall be
permitted; 2. A building permit shall be obtained within 60 days of the effective
date of the Resolution approving the variance; staff concurs with the Planning
Com mission's denial) was held at this time. The City Clerk reported the
Certificate of Publication and Affidavit of Mailing were on file. Planning Director
Post said the Planning Commission and staff recommend denial. MS. ACOSTA was
present and said she was representing her mother who has talked to the Planning
Director who said the only problem was when it rained, the water might flow onto
the neighbor's property, and her mother assured him she could solve that problem.
Councilman VanDeventer said they have a building they did not get a permit for;
the area between the front unit and the second unit where the building is
constructed does not appear to be accessible to emergency vehicles. Fire Chief
Kimble said he has not had the opportunity to review this. Discussion. Moved by
VanDeventer, seconded bgy Cooper, this hearing be continued for 2 weeks. Carried
by unanimous vote.
The PUBLIC HEARING on PROPOSED GENERAL PLAN AMENDM ENT and ZONE
CHANGE FROM CL (LIMITED COMMERCIAL) TO CG (GENERAL COMMERCIAL)
on properties located at 1601, 1615, and 1631 E. 8th St., and FROM CL TO RM-1—
PD—H15 (MULTI —FAMILY EXTENDABLE, PLANNED DEVELOPMENT, HEIGHT 15
FT.) on property located at 711 Palm Ave., Case Files GP-7-84 & ZC-6-84 (The
Planning Commissionheld a public hearing on August 6, 1984 to consider a general
plan amendment and change of zone from CL to CG on properties located at 1601,
1615 and 1631 E. 8th St., and from CL to RM-1—PD—H15 on property located at
711 Palm Ave.; this request was initiated by Shell Oil Co. in order to reclassify
their existing service station located at the NE corner of 8th St. and Palm Ave.
from CL to CG so that they may submit an application for a CUP for the
operation of an automatic car wash facility; the CL zone does not permit car wash
operations; see Document No. 71011; staff concurs with the Planning Com mission's
approval) was held at this time. The City Clerk reported the Certificate of
Publication and Affidavit of Mailing were on file. Planning Director Post said the
Planning Commission and staff recommend that 1601, 1615 and 1631 E. 8th St. be
changed from CL to CG and 711 Palm be changed from CL to RM-1—PD—H15.
MARIO SABRANA was present and said he owns the property at 711 Palm; he does
not mind the zone change, but he found out there is a restriction that he cannot
build more than 15' high; he might want to build apartments on that property in
the future. Vice Mayor Waters said the surrounding neighbors are single—family
dwellings and they would have no privacy if apartments were built in there.
Discussion. Moved by Van Deventer, seconded by Dalla, the Public Hearing be
closed and staffs recommendation be approved. Carried by the following vote, to —
wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining:
Morgan.
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ADOPTION OF RESOLUTIONS
Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title
only. Carried by unanimous vote.
Resolution No. 14,432, "RESOLUTION APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE CALIFORNIA PARKLANDS ACT OF 1984." Moved
by VanDeventer, seconded by Cooper, Resolution No. 14,432 be adopted.
Discussion. Carried by unanimous vote.
Resolution No. 14,433, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO
VACATE AND CLOSE HARRISON AVENUE, BETWEEN 17TH & 18TH STREETS;
SOUTHERLY 40 FEET OF 17TH STREET, BETWEEN THE ALLEY WEST OF
CLEVELAND AVENUE & HARRISON AVENUE; AND NORTHERLY 75 FEET OF
THE 20 FOOT WIDE ALLEY BETWEEN 17TH & 18TH STREETS, CLEVELAND AND
HARRISON AVENUES (SC-3-83)." Moved by VanDeventer, seconded by Cooper,
Resolution No. 14,433 be adopted. Discussion. Carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER
NO. 10, dated September 4, 1984, in the amount of $101,825.84 (Warrants Nos.
84948 through 85005) and CERTIFICATION of PAYROLL for the period ending
August 31, 1984, in the amount of $276,502.05 was presented. Moved by Waters,
seconded by VanDeventer, the bills be paid and warrants drawn. Carried, by the
following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays:
Morgan. Councilman Cooper said this is the fourth week the Mayor has voted
against paying the bills; he (Mayor) has asked time and time again for the
attorney's opinion on this; he would like to have this thing cleared up so the Mayor
can vote to pay these bills so we can work as a City and get on with the business
at hand. Councilman Cooper inquired if the Mayor had received the report from
the attorney as to what his responsibilities are. Mayor Morgan replied he got it
today. Councilman Cooper said he wishes the Mayor would read the report so we
can get on with the business at hand. Mayor Morgan replied, "You push your
button and I'II push mine."
The CLAIM FOR DAMAGES of ALBERT HOLLOWAY, relating to an occurrence on
August 9, 1984, and filed with the City Clerk on August 30, 1984 was presented.
Moved by VanDeventer, se; anded by Dalla, this claim be denied and referred to the
City Attorney. Carried by unanimous vote.
The CLAIM FOR DAMAGES of ROBERT ALLEN BLAKE, relating to an occurrence
on August 28, 1984, and filed with the City Clerk on August 31, 1984 was
presented. Moved by VanDeventer, seconded by Dalla, this claim be denied and
referred to the City Attorney. Carried by unanimous vote.
OTHER BUSINESS
CITY MANAGER — No report
CITY ATTORNEY
Interim City Attorney Tobin recommended an executive session re pending litigation
on completion of the agenda with the insurance company attorneys present.
OTHER STAFF — No reports.
MAYOR
Mayor Morgan inquired about the drain running through the golf course and all the
way to Plaza Blvd., saying we are putting in a new golf course and we don't want
all those weeds clogging the drains. City Manager McCabe said it is being taken
care of.
CITY COUNCIL
Vice Mayor Waters spoke of the October 30 meeting re committee appointments,
saying the Committee for Housing and Community Development needed to be
appointed before then and requested Council act on 6 applications on file at the
4:00 p.m. meeting on September 18. Discussion re interviewing applicants on 5th
Tuesdays only — did Council establish such a policy or was it a matter of
convenience to interview on a 5th Tuesday.
9/11 /84
Book 65/Page 14
Vice Mayor Waters brought up the matter of the 80—year old tree at 6th & 'D'.
Moved by Waters, seconded by Morgan, the tree not be removed (with friendly
amendment that staff study making the sidewalk in a radius around the tree).
Discussion. Carried by unanimous vote.
Councilman Cooper said he was asked to chair the committee on street lights and
each member of Council was to give him the name of one appointee; Councilman
VanDeventer appointed Mitch Beauchamp and Vice Mayor Waters appointed Jim
Ladd; he would like to have Councilman Dalla's and Mayor Morgan's appointees.
Mayor Morgan said he would not be making an appointment. Councilman Dalla said
he had not talked to him, but he would like to appoint Anton Gerschler if he would
accept. There appeared to be consensus that if the Mayor did not appoint a
member, the rest of the Council would appoint a 5th member.
Councilman Dalla's report on SOLICITATION OF BIDS/PROPOSALS FOR HIGH
PRESSURE SODIUM LIGHT PROGRAM (Revenue Sharing Funds have been set aside
for a cooperative lighting program for those areas that do not meet existing City
guidelines for street lights; see Document No. 71019) was presented. Councilman
Dalla recom mended we solicit bids and proposals for the cooperative light program.
Moved by VanDeventer, seconded by Dalla, in favor of Councilman Dalia's
recom mendation. Carried by unanimous vote.
Mayor Morgan called an Executive Session at 10:02 p.m.
Council reconvened at 10:48 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
ADJOURNMENT
Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 4:00 p.m.,
September 18, 1984. Carried by unanimous vote. The meeting closed at 10:50
p.m.
CITY CLERK
The foregoing minutes were approved at the regular meeting of the City Council on
September 18, 1984.
Corrections No Corrections
M OR
CITY OF NATIONAL CITY, CALIFORNIA
9/1 1 /84